Responsa for Bava Batra 348:3

שלחו מתם שמתוהו ומת בשמתיה הלכתא כרב הונא בריה דרב יהושע

[Where one] was placed under a ban<span class="x" onmousemove="('comment',' In both these cases it is obvious that the debtor had not entrusted the creditor with any valuables as a security for the loan. Hence, according to R. Huna, the orphans, whose duty it is to discharge their father's debts, must indemnify the guarantor. According to R. Papa. however, they are not obliged to pay even in such cases. ');">5 and died under the ban, the law is in accordance with [the view of] R. Huna the son of R. Joshua.<span class="x" onmousemove="('comment',' That the guarantor who discharged the debt of such a debtor is entitled to exact payment from the orphans; since, in such a case, it is certain that no valuables were deposited by the debtor with the creditor. ');">7 An objection was raised: A guarantor who produced8

Teshuvot Maharam

Q. A says that B's mother before her death instructed B to give A one Mina out of her possessions, since she had owed money to A's mother and did not remember whether or not she had repaid the entire sum. B denies having received such instructions from his mother, and further claims that A's mother owed him more than one Mina. But A has witnesses who testify that after his mother's death B admitted having received these instructions.
A. Since B's mother did not take the required oath regarding her ketubah, she had no property of her own; even the clothes she wore on week-days belonged to the estate. Consequently B is unable to carry out his mother's instructions. B is under no moral obligation to repay his mother's debt since the mother herself had not been pressed for payment.
SOURCES: Cr. 76.

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